The Third Amendment

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Transcript of The Third Amendment

The Third AmendmentTaylor GoenPeriod 5No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.During times of peace, the military may not house its troops in private homes without the owner's consentDuring times of war, the military may not house its troops in private homes except in accordance with established legal procedureWhat does it mean?

The Third Amendment of the Constitution was introduced because of the complaints against King George III in the Declaration of Independence."for quartering large bodies of armed troops among us"A response to the Quartering Act passed by the British parliament during the American Revolutionary Warallowed the British Army to house soldiers in private residences Part of the Bill of RightsIntroduced in Congress in 1789 by James MadisonAmendment proposed on September 28th, 1789Ratified by December 15th, 1791Thomas Jefferson announced the adoption of the amendment on March 1st, 1792LitigationThe United States has not been regularly confronted by standing armies in its historyTherefore, the Third Amendment has produced little litigationHowever, there has been one significant court case dealing with the Third Amendment: Engblom v. CareyEngblom v. CareyInitiated by a 1979 strike by New York State correction officersWhile officers were on strike, their duties were performed by activated National GuardsmenAt Mid-Orange Correctional Facility (& other similar facilities), employees were evicted from employee housing so members of the National Guard could be housedTwo of the evicted employees, Marianne Engblom and Charles Palmer filed suit against the state of New York and its governor, Hugh CareyDecided by the United States Court of Appeals for the Second CircuitEstablished that:National Guardsmen legally qualify as soldiersThe amendment applies to state as well as federal authoritiesThe protection of the amendment extends beyond home ownersMajority stated that the officers' occupancy in the rooms were covered under legal rules of tenancy & protected under the third amendmentCase remanded to district court, where it was decided in the defendant's favordue to the principle that the defendants were covered by a qualified immunity as agents of the state unless they knowingly acted illegally Judge Irving Kaufman maintained that the officers' occupancy was covered under the lesser protection of employee housing and that the special circumstances of residency on prison guards superseded Third Amendment protectionHow has it changed the United States?Before the amendment, if a war was held in America, troops could use any home they wished to stay in until they were called elsewhereNow, homeowners are entitled to more privacy in their residences Subordinates military authority to civilian control and safeguards against abuses that can be perpetrated by standing armies and professional soldiersThe Third Amendment, while not used regularly today, remains in place so that the government is reminded to respect private property, specifically that the homes of the citizens should be free from intrusion by the governmentSome lawyers use the Third Amendment to argue rights of privacyThe recent actions of the NSA has brought forth extreme controversy in the rights of privacy for AmericansWhile "privacy" is not directly addressed in the Constitution, most agree that it is implied

NSA ControversyMonitors phone records (content & phone numbers) EmailsSocial networking postsContact listsRaw internet trafficAccording to a judge, their actions are legalSome argue that it's in violation of the Constitutional Amendments, including the third amendmentThe Constitution does not directly address privacy, but it has been interpreted this way A level of surveillance is necessary, but the question is, where is the line drawn? When is our privacy invaded?